Authored by: GORDON GAO and Yao Xiaoyi (Sherry)
In recent years, China has become an increasingly important jurisdiction for pharmaceutical patent protection, including patents covering the medical use of known substances. However, enforcement of medical-use patents in China presents unique legal challenges stemming from statutory exclusions and limited judicial practices. This article provides an in-depth analysis of the Chinese legal framework governing medical-use patents, practical insights drawn from judicial decisions, and important considerations for pharmaceutical companies seeking to protect and enforce their medical-use patent rights in China.